Smith pleads guilty, sentenced to 5 years for armed robbery
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
A Hillsboro man indicated on a charge of first-degree felony aggravated robbery in connection with an armed robbery at the Beechwood Food Mart in January pleaded guilty Thursday, and was sentenced to five years in prison.
Larry W. Smith, 41, told the court that he had never been in jail before he made a "stupid" mistake in robbing the grocery store with a BB gun.
His attorney, J.D. Wagoner, told the court that while they were not attempting to justify Smith's actions, the approximately $80 that was taken was not spent on drugs or gambling, but was used so the defendant could got to Springfield to see his children.
"He even stopped at a church and put some of the money in the collection plate because he knew it was wrong," Wagoner said.
Smith faced a maximum of 10 years in prison, and a minimum mandatory sentence of three years.
As previously reported by The Highland County Press, on Jan. 17 at approximately 11:30 a.m., a report of a robbery at the Beechwood Food Mart in Paint Township was received by the Highland County Sheriff's Office. Upon investigation by Highland County Sheriff's Office Detectives, it was determined a white male subject had entered the business with what appeared to be a handgun and a bag and demanded money. The subject then fled the area in a maroon Ford Ranger extended cab pickup truck.
Smith, who had no prior criminal record, was arrested on Jan. 29 at his residence.
"If you'll forgive my language, he screwed up," Wagoner said.
When Det. Danny Croy of the Highland County Sheriff's Office approached Smith's home, according to Wagoner, Smith came out of the house saying, "I know why you're here."
"He spilled his beans," Wagoner said. "He said, 'this is what I did, this is why I did it.' There's no justification for what he did. But there are mitigating factors."
Wagoner said that he had never seen such a case before where a person was so down on his luck that he made such a huge mistake. Smith was unemployed and living with his parents, he said.
"He hadn't seen his kids in here," Wagoner said. "He made a mistake, and he's going to pay dearly for it. He knows he has to pay his debt for society."
Coss asked Smith if he had anything to say, and Smith responded, "I just messed up. It was very stupid."
Smith became emotional, and his voice broke at one point when he was addressing the court.
The state was represented by Assistant Highland County Prosecutors David Henry and Anneka Collins.
Collins said, "The state is not without heart or compassion, but the victims did not know it was a BB gun."
Coss said that Smith's statement that it was a "stupid" act was the biggest understatement he had heard in his two and a half years on the bench. Coss commended him for his "frankness" when discussing what he did.
"The problem is, next to murder, this is the most serious type of crime that we have," Coss said. "(The victims) aren't thinking 'this is a BB gun.' They have a gun in their face and they're thinking 'I'm going to die.'"
Coss said that to give Smith the minimum sentence would demean the seriousness of the offense, and he didn't want to give other people in the community, who may find themselves in similar situations, that armed robbery was an option with little penalty. He followed the state's recommendation of five years.
"Five years is a long to someone using a BB gun, but this is so serious, the court can't sentence you to less than five years," Coss said.
Smith, who appeared in the custody of the Highland County Sheriff's Office, is to begin serving the sentence immediately.
A Hillsboro man indicted on a charge of first-degree felony aggravated robbery in connection with an armed robbery at the Beechwood Food Mart in January pleaded guilty Thursday, and was sentenced to five years in prison.
Larry W. Smith, 41, told the court that he had never been in jail before he made a "stupid" mistake in robbing the grocery store with a BB gun.
His attorney, J.D. Wagoner, told the court that while they were not attempting to justify Smith's actions, the approximately $80 that was taken was not spent on drugs or gambling, but was used so the defendant could get to Springfield to see his children.
"He even stopped at a church and put some of the money in the collection plate because he knew it was wrong," Wagoner said.
Smith faced a maximum of 10 years in prison, and a minimum mandatory sentence of three years.
As previously reported by The Highland County Press, on Jan. 17 at approximately 11:30 a.m., a report of a robbery at the Beechwood Food Mart in Paint Township was received by the Highland County Sheriff's Office. Upon investigation by Highland County Sheriff's Office Detectives, it was determined a white male subject had entered the business with what appeared to be a handgun and a bag and demanded money. The subject then fled the area in a maroon Ford Ranger extended cab pickup truck.
Smith, who had no prior criminal record, was arrested on Jan. 29 at his residence.
"If you'll forgive my language, he screwed up," Wagoner said.
When Det. Danny Croy of the Highland County Sheriff's Office approached Smith's home, according to Wagoner, Smith came out of the house saying, "I know why you're here."
"He spilled his beans," Wagoner said. "He said, 'this is what I did, this is why I did it.' There's no justification for what he did. But there are mitigating factors."
Wagoner said that he had never seen such a case before where a person was so down on his luck that he made such a huge mistake. Smith was unemployed and living with his parents, he said.
"He hadn't seen his kids in here," Wagoner said. "He made a mistake, and he's going to pay dearly for it. He knows he has to pay his debt to society."
Coss asked Smith if he had anything to say, and Smith responded, "I just messed up. It was very stupid."
Smith became emotional, and his voice broke at one point when he was addressing the court.
The state was represented by Assistant Highland County Prosecutors David Henry and Anneka Collins.
Collins said, "The state is not without heart or compassion, but the victims did not know it was a BB gun."
Coss said that Smith's statement that it was a "stupid" act was the biggest understatement he had heard in his two and a half years on the bench. Coss commended him for his "frankness" when discussing what he did.
"The problem is, next to murder, this is the most serious type of crime that we have," Coss said. "(The victims) aren't thinking 'this is a BB gun.' They have a gun in their face and they're thinking 'I'm going to die.'"
Coss said that to give Smith the minimum sentence would demean the seriousness of the offense, and he didn't want to give other people in the community, who may find themselves in similar situations, the idea that armed robbery was an option with little penalty. He followed the state's recommendation of five years.
"Five years is a long time to someone using a BB gun, but this is so serious, the court can't sentence you to less than five years," Coss said.
Smith, who appeared in the custody of the Highland County Sheriff's Office, is to begin serving the sentence immediately.
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